• Marginal note:Reference to Social Security Tribunal

  (6) The Commission may at any time within 14 days after receiving an application under subsection (1) refer the application or a question arising from it to the General Division of the Social Security Tribunal for a decision on it.

• Marginal note:Proceedings before Social Security Tribunal

  (7) If an application or question is referred to the General Division of the Social Security Tribunal under subsection (6), the Tribunal must conduct its proceedings in respect of that application or question in accordance with the procedure for appeals under the Department of Human Resources and Skills Development Act.

• Marginal note:Appeal of Commission decision

  (2) Any person may, at any time within 30 days after the day a decision of the Commission under this Act, other than subsection 14(2) or (3), is communicated to him or her, or within any further time that the Commission may in any particular case for special reason allow, appeal to the Social Security Tribunal.

• Pension Appeals Board

  Commission d’appel des pensions

• Office of the Umpire

  Bureau du juge-arbitre

• Pension Appeals Board

  Commission d’appel des pensions

• Social Security Tribunal

  Tribunal de la sécurité sociale

Marginal note:Protection of information

32. Information is privileged and shall not be made available unless

• (a) it is authorized under subsection 28.2(5) or by this Part, or by an agreement under section 105 or paragraph 107(1)(a) of the Canada Pension Plan or paragraph 40(1)(a) of the Old Age Security Act; or

• (b) it may be made available under any of paragraphs 33.1(a) to (c) of the Old Age Security Act.

Marginal note:Availability of information — individuals and representatives

• 33. (1) In addition to an individual’s right of access under section 12 of the Privacy Act, and subject to the exemptions and exclusions provided in that Act, information may be made available to the individual or their representative on their request in writing to the Minister.

• Marginal note:Availability of information — individuals, representatives and members of Parliament

  (2) On the conditions that the Minister considers advisable, and subject to the exemptions and exclusions provided in the Privacy Act, if the information is relevant to the making of an application or the receipt of a benefit or other assistance by the individual under a program, to a division of unadjusted pensionable earnings or an assignment of a retirement pension that affects the individual or to any other matter that affects the individual under a program, it may be made available to

  • (a) the individual;

  • (b) the individual’s representative; or

  • (c) a member of Parliament who is inquiring on behalf of the individual.

Marginal note:Availability of information — federal institutions

• 35. (1) Information may be made available to a minister or a public officer of a prescribed federal institution for the administration or enforcement of a prescribed federal or provincial law or activity if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the federal institution.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the federal institution.

Marginal note:Availability of information — provincial authorities

• 36. (1) Information may be made available to the government of a province, or to a public body created under the law of a province, for the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, if the Minister considers it advisable and the information is made available subject to conditions that are agreed on by the Minister and the government or body.

Marginal note:Information relative to Social Insurance Numbers

36.1 Despite any other Act or law, the minister or other authority charged with the administration or enforcement of an Act under which Social Insurance Numbers may be assigned and the Minister may exchange the information contained in any applications for such numbers and the numbers so assigned, and may make available any of that information or those numbers in any manner that may be authorized by that Act.

Marginal note:Availability of information — certain persons or bodies

• 36.2 (1) If the Minister considers it advisable, information may, for the purpose of the administration or enforcement of a federal law or activity or of a provincial law or prescribed provincial activity, be made available to any person or body — other than one to whom it could be made available under subsection 28.2(5) or any of sections 34 to 36.1 — on the conditions set out in an agreement between the Minister and the person or body.

• Marginal note:Secondary release of information

  (2) Information obtained under subsection (1) shall not be made available to any other person or body unless the Minister considers it advisable, the information is made available for the same purpose and it is subject to conditions that are agreed on by the Minister and the person or body that obtained the information.

Marginal note:Public interest

• 37. (1) Despite sections 33 to 36.2, information may be made available if the Minister is of the opinion that the public interest in disclosure clearly outweighs any invasion of privacy that could result from the disclosure or that disclosure would clearly benefit the individual to whom the information relates.

Marginal note:Research or statistical purposes

38. Information may be made available for research or statistical purposes to any person or body, including a person or body referred to in section 35, 36 or 36.2 of this Act or in section 105 of the Canada Pension Plan, if

• (c) the results of the policy analysis, research or evaluation will be made available only in accordance with the provisions of this Part, section 105 of the Canada Pension Plan, and any agreements under which the information was obtained;

Marginal note:Offence

• 42. (1) Every person or body commits an offence if they knowingly make available information that is privileged under this Part, or knowingly use or allow such information to be used, otherwise than in accordance with this Part or subsection 28.2(5) or (6), or a condition or agreement referred to

  • (a) in subsection 33(2) or any of sections 35, 36, 36.2 and 38 of this Act;

  • (b) in section 104.1 or 105 of the Canada Pension Plan; or

  • (c) in section 39 of the Old Age Security Act.

• (b) federal institutions, for the purposes of subsection 35(1), to which the information referred to in that subsection may be made available, and the federal or provincial laws or activities for whose administration or enforcement the information may be made available; and

• (c) provincial activities, for the purposes of subsections 36(1) and 36.2(1), in respect of which the information referred to in those subsections may be made available.

Availability of Information

Marginal note:Availability of information within federal institutions

• 104.1 (1) Despite any other Act or law, any information obtained by a public officer of the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services or the Department of Citizenship and Immigration for the purpose of the administration of this Act may be made available to a public officer of the Department of Human Resources and Skills Development, the Canada Revenue Agency, the Department of Finance, the Department of Public Works and Government Services, the Department of Citizenship and Immigration or the Office of the Superintendent of Financial Institutions for the purpose of the administration of this Act.

• Marginal note:Secondary release of information

  (2) Information obtained under this section shall not be made available to any other person or body unless the information is made available only for the same purpose and on any conditions that the Minister may specify.

Agreements with Provinces

Oaths, Affidavits, Declarations and Affirmations

• (b) that exceeds 90 days and is to be served in a prison, as defined in subsection 2(1) of the Prisons and Reformatories Act, if the government of the province in which the prison is located has entered into an agreement under section 41 of the Department of Human Resources and Skills Development Act.